Was There A Wrongful Death?

In order to bring a wrongful death action there must be a death caused by another’s negligence, recklessness, malpractice or inaction, and there must be surviving family members who are suffering monetary injury as a result of the death.

In order to proceed with a wrongful death lawsuit, a probate estate must be opened and a personal representative must be appointed.

Settlement proceeds may be awarded to heirs and individuals that may not be heirs to the Estate, but who suffered damages for pain and suffering, lost wages, mental anguish, loss of companionship, loss of consortium, medical costs, and other expenses.